CCJ Query

Shadow2981

AAD Loyalist

Join Date: Apr 2012

Posts: 191
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#1

CCJ Query

14 August 2013, 10:55

Ok, firstly, this is just a general query - has no relation or bearing on myself..

Can CCJ's be removed by the OC in the same way they could if they wanted to, remove a default?

I am not asking if it is likely, I am asking if it is (no matter how unlikely) possible, or once courts have ruled can OC not undo? Plain curiosity, that's all...

Cheers
Tags: ccj, con, courts, credit, creditor, debtor, default, esa, mat, owed, pay, personal, set aside, wrong
Joanna Connolly

Joanna Connolly Solicitors

Join Date: Aug 2013

Posts: 364
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#2

14 August 2013, 11:01

Re: CCJ Query

The OC can only do it if there was a problem with the original judgment i.e wrong amount as an application would need to be made to set aside judgment providing the reason.

Otherwise the courts look on it as credit repair whereby a unscrupulous creditor could get a debtor to pay more than is owed to remove the CCJ.

Legal Disclaimer
I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.
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